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A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. If the plaintiff is successful, judgment will be given in the plaintiff's favour, and a range of court orders may be issued to enforce a right, impose a penalty, award damages, impose an injunction to prevent an act or compel an act, or to obtain a declaratory judgment to prevent future legal disputes. In the common law, civil law refers to the area of law governing relations between private individuals. ...
In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ...
A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ...
A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ...
This article is about law in society. ...
A remedy is the solution or amelioration of a problem or difficulty. ...
A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ...
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties before the court and requires or authorizes the carrying out of certain steps by one or more parties to a case. ...
A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...
A penalty is a punishment: a legal sentence, e. ...
In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. ...
An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ...
A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages. ...
It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations. However, it may involve public law issues in those jurisdictions that enable the government to be treated as if it were a private party in a lawsuit (as plaintiff or defendant regarding an injury), or that provide the government with a civil cause of action to enforce certain laws rather than criminal prosecution. The conduct of a lawsuit is called litigation. It has been suggested that Adjudication be merged into this article or section. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
In common speech, the word individual most often refers to a person, or, by analogy, to any specific object in a group of things. ...
The term business entity refers generally to any organization engaged in business activities, regardless of legal structure. ...
A nonprofit organization (abbreviated NPO, or non-profit or not-for-profit) is an organization whose primary objective is to support some issue or matter of private interest or public concern for non-commercial purposes. ...
This article or section does not cite its references or sources. ...
Rules of procedure and complications in lawsuits
Rules of civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Civil procedure is additionally constrained/informed by separate statutory laws, case law, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules will generally reflect this legal context on their face. The details of procedure will differ from jurisdiction to jurisdiction, and often from court to court within the same jurisdiction. The rules are very important for litigants to know, however, because they dictate the timing and progression of the lawsuit — what may be filed and when to get what result. Failure to comply with the procedural rules can result in serious limitations in conducting the trial or even dismissal of the lawsuit. Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
To meet Wikipedias quality standards, this article may require cleanup. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
Though the vast majority of lawsuits are settled easily and never even get to trial, they can expand into a very complicated process. This is particularly true in federal systems, where a federal court may be applying state law (e.g., the Erie doctrine in the United States) or vice versa, or one state applying the law of another, and where it additionally may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach. Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ...
The Erie doctrine is a fundamental legal doctrine of Civil procedure in the American legal system that stems from Supreme court Justice Louis Brandeis watershed opinion in the landmark decision of Erie Railroad Co. ...
In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ...
Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ...
Lawsuits become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants, who each can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. However, courts typically have some power to separate out claims and parties into separate suits if it is more efficient to do so, such as if there is not a sufficient overlap of factual issues between the various claims. To meet Wikipedias quality standards, this article or section may require cleanup. ...
The progress of a lawsuit The following is a generalized description of how a lawsuit may proceed in a common law jurisdiction:
Pleadings The lawsuit begins with the plaintiff filing a complaint with the court. This complaint will state that the plaintiff is seeking damages or equitable relief from a stated defendant, and what the legal and factual bases for doing so are. The clerk of court then issues a summons, or serves process, upon the defendant to notify him that he is being sued and provide him with the nature of the claims. Once the defendant receives this notice, he has a time limit to file a response explaining his defenses to the plaintiff's claims, including any challenges to the court's jurisdiction, though some courts impose no limit on certain jurisdictional challenges. The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...
A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. ...
Service of process is the procedure employed to give legal notice to a person (defendant etc. ...
Within the time limit, the defendant may choose to file an answer raising all defenses and denying the plaintiff's allegations. Filing an answer "joins the cause" and moves the case into the pretrial phase. In the alternative, the defendant can dispute the validity of the complaint by filing one or more "pre-answer" motion to dismiss. If all such motions are denied by the trial court, and the defendant loses on all appeals from such denials (if that option is available), then the defendant must file an answer. In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. ...
Usually the pleadings are drafted by a lawyer, but in many courts a person can file papers and represent themselves, which is called appearing pro se. Many courts have a pro se clerk to assist people without lawyers. In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ...
British barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ...
Pro se is a Latin adjective meaning for self, that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. ...
A pro se clerk is a clerk of the court, employed by the court and found in the courthouse. ...
Pre-trial The early stages of the lawsuit may involve discovery, which is the ordered exchange of evidence and statements between the parties based on what they each expect to argue during the actual trial. Discovery is meant to eliminate surprises and clarify what the lawsuit is about, and perhaps to make a party realize they should settle or drop the claim, all before wasting court resources. At this point the parties may also engage in pretrial motion filing in order to exclude or include particular legal or factual issues before trial, by blocking the other party from presenting a particular witness or arguing a particular legal theory. In law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for...
The law of evidence governs the use of testimony (e. ...
In law, a deposition is evidence given under oath and recorded for use in court at a later date. ...
At the close of discovery, the parties may pick a jury and then have a trial by jury. Or, the case may proceed as a bench trial heard only by the judge, if the parties waive a jury trial, or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction. A jury is a sworn body of persons convened to render a rational, impartial verdict and a finding of fact on a legal question officially submitted to them, or to set a penalty or judgment in a jury trial of a court of law. ...
Trial by Jury is a comic Gilbert and Sullivan operetta in one act (the only single-act Savoy Opera). ...
The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...
Trial and judgment The lawsuit may then proceed similarly to a criminal trial, with each side presenting witnesses and submitting evidence, at the close of which the judge or jury renders their decision. Generally speaking, the plaintiff has the burden of proof in making his claims, which means that it is up to him to produce enough evidence to persuade the judge or jury that his claim should succeed. The defendant may have the burden of proof on other issues, however, such as affirmative defenses. In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
An affirmative defense is a defense used in litigation between private parties in common law jurisdictions. ...
There are numerous motions that either party can file throughout the lawsuit to terminate it "prematurely" — before submission to the judge or jury for final consideration. These motions attempt to persuade the judge, through legal argument and sometimes accompanying evidence, that because there is no reasonable way that the other party could legally win, there is no sense in continuing with the trial. Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case. Motions can also be brought after the close of a trial to undo a jury verdict that is contrary to law or against the weight of the evidence, or to convince the judge that he should change his decision or grant a new trial. Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party...
Also, at any time during this process from the filing of the complaint to the final judgment, the plaintiff may withdraw his complaint and end the whole matter, or the defendant may agree to a settlement, which involves a negotiated award followed also by the plaintiff withdrawing his complaint and the settlement entered into the court record.
Appeal After a final decision has been made, either party or both may appeal from the judgment if they are unhappy with it (and their jurisdiction grants the ability). Even the prevailing party may appeal, if, for example, they wanted an even larger award than was granted. The appellate court (which may be structured as an intermediate appellate court and a higher supreme court) will then affirm the judgment, refuse to hear it (which effectively affirms), reverse, or vacate and remand, which involves sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before finally being resolved. An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ...
It has been suggested that this article or section be merged into Appeal. ...
The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ...
Enforcement When a final judgment is entered, the plaintiff will likely be barred under res judicata from trying to bring the same or similar claim again against that defendant, or from relitigating any of the issues, even under different legal claims or theories. This prevents a new trial of the same case with a different result, or if the plaintiff won, a repeat trial that merely multiplies the judgment against the defendant. Res judicata (from res iudicata, Latin for a thing decided), more commonly res judicata in legal usage, is a common law doctrine meant to bar relitigation of cases between the same parties in court. ...
If the judgment is for the plaintiff, then the defendant must comply under penalty of law with the judgment, which will usually be a monetary award. If the defendant fails to pay, the court has various powers to seize any of the defendant's assets located within its jurisdiction. If all assets are located elsewhere, the plaintiff must file another suit in the appropriate court to seek enforcement of the other court's previous judgment. This can be a difficult task when crossing from a court in one state or nation to another, though courts tend to grant each other respect when there is not a clear legal rule to the contrary. A defendant who has no assets in any jurisdiction is said to be "judgment-proof." In most cases, nothing can be done to collect an award from a moneyless defendant.
Indigent judgment-proof defendants are no longer imprisoned; debtor's prisons have been outlawed by statute, constitutional amendment, or international human rights treaties in the vast majority of common law jurisdictions.
History of the term "lawsuit" Today, lawyers in common law jurisdictions, particularly in the U.S., use the terms "lawsuit" and "civil action" synonymously, but this was not always the case. During the 18th and 19th centuries, it was common for lawyers to speak of bringing an "action" at law and a "suit" in equity. The unification of law and equity during the early 20th century led to the collapse of that distinction, so it became possible to speak of a "lawsuit."
In England and Wales the term "claim" is far more common; the person initiating proceedings is called the claimant. The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ...
American terminology is slightly different, in that the term "claim" refers only to a particular count (or cause of action) in a lawsuit. Americans also use "claim" to describe a demand filed with an insurer or administrative agency. If the claim is denied, then the claimant (or policyholder or applicant) files a lawsuit with the courts and becomes a plaintiff.
In medieval times, both "action" and "suit" had the approximate meaning of some kind of legal proceeding, but an action terminated when a judgment was rendered, while a suit also included the execution of the judgment.
Lawsuits in fiction The classic lawsuit in English literature is Jarndyce v. Jarndyce in Charles Dickens' novel, Bleak House. The case proceeds over decades, enriching regiments of attorneys and bleeding the assets being fought over until nothing is left for the beneficiaries. The term English literature refers to literature written in the English language, including literature composed in English by writers not necessarily from England; Joseph Conrad was Polish, Robert Burns was Scottish, James Joyce was Irish, Edgar Allan Poe was American, Salman Rushdie is Indian. ...
Jarndyce and Jarndyce is a fictional court case in chancery in the novel Bleak House by Charles Dickens. ...
Dickens redirects here. ...
Bleak House is the ninth novel by Charles Dickens, published in 20 monthly parts between March 1852 and September 1853. ...
Popular culture's fascination with litigation is not limited to 19th century novels, as the legal system and its players have formed the basis for multiple television shows (L.A. Law, Law and Order, Boston Legal) and movies (Anatomy of a Murder, The Verdict, Twelve Angry Men, My Cousin Vinny, Runaway Jury) in the United States. While attorneys are often the target of disparaging jokes on the internet and late night talkshows, the public cannot seem to get enough of the legal system and its briefcase toting knights in its novels, movies, and television shows.
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